Allahabad High Court
Pramod Kumar And 10 Others vs Ram Prasad Tiwari on 4 August, 2022
Bench: J.J. Munir
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 6
Case :- MATTERS UNDER ARTICLE 227 No. - 7234 of 2019
Petitioner :- Pramod Kumar And 10 Others
Respondent :- Ram Prasad Tiwari
Counsel for Petitioner :- Satya Prakash Singh,Avadhesh Pratap Singh
Counsel for Respondent :- Vishnu Singh,Ajay Nand Pandey,Anil Kumar Rai
Hon'ble J.J. Munir,J.
Original Suit No.545 of 2007, for partition was filed by Ram Prasad Tiwari, the sole plaintiff-respondent to this petition against his brother, Ram Chandra before the Court of Civil Judge (Junior Division), Khalilabad, Basti. Pending suit, Ram Chandra, the defendant passed away and his heirs and legal representatives have been brought on record. The heirs and legal representatives of the sole deceased defendant Ram Chandra are the petitioners here.
Original Suit No.545 of 2007 was dismissed by the Civil Judge (Junior Division), Khalilabad, Basti vide judgment and decree dated 16.12.2017. The decree was appealed by the plaintiff-respondent to the District Judge, Basti. Pending appeal, an application was made to amend the plaint which was allowed vide order dated 19.09.2019, passed by the VIIth Additional District Judge, Court No.7, Basti. This order has been impugned in the present petition under Article 227 of the Constitution.
This Court finding that the dispute involved was between brothers and their legal representatives about partition of property, referred parties to the mediation of the Allahabad High Court Mediation and Conciliation Centre, vide order dated 27.10.2021.
The parties appeared before the Mediation Centre, where after intensive mediation spread across four sessions, the parties have amicably settled their differences. The terms of settlement between parties have been reduced to writing in terms of the settlement-agreement dated 12.05.2022 recorded before the Allahabad High Court Mediation and Conciliation Centre, duly signed by the parties, their Counsel and the learned Mediators. The settlement-agreement dated 12.05.2022, has been forwarded to this Court through a report, also dated 12.05.2022. A perusal of the settlement-agreement shows it to be a fair and even handed settlement that is not disadvantageous to any side. It appears to be the expression of a desire to amicably settle, without any coercion or undue influence.
Mr. Satya Prakash Singh, appears on behalf of the petitioner and Mr. Ajay Nand Pandey appears on behalf of the sole respondent, Ram Prasad Tiwari. Both the learned Counsel state before this Court that the parties have amicably settled the matter in terms of the settlement-agreement. The terms on which the parties have settled their dispute are embodied in the settlement-agreement dated 12.05.2022, which are extracted below:
"6. The following settlement has been arrived at between the Parties hereto:-
a) That the parties produced here a joint Samjhautanama (notarized) dated 26.04.2022, which includes all the terms and conditions of this settlement. The aforesaid Samjhautanama is annexed herewith in original for kind perusal of the Hon'ble Court and the same shall be a part of this settlement.
b) That in view of aforesaid Samjhautanama dated 26.04.2022, the amount of Rs.3,60,000/- (Rs. Three Lakh Sixty Thousand only) has handed over to Mr. Ram Prasad by Mr. Umakant Tiwari (Petitioner/Defendant No.2) through demand draft bearing no. 576660 dated 06.05.2022 drawn on State Bank of India, and Mr. Ram Prasad Tiwari (Respondent/Plaintiff) has acknowledged the receipt of the same.
c) That the house measuring area 24x43 feet mentioned at serial no.1 in Naksha Nazari of the aforesaid settlement dated 26.04.2022 shall remain in possession of Mr. Umakant Tiwari (Petitioner/Defendant No.2). The possession of house measuring area 15x21 feet mentioned at serial no.4 in aforesaid Naksha Nazari, has been given to Mr. Ram Prasad Tiwari.
d) That the Abadi shown in Naksha Nazari shall be used as Rasta by both the parties without creating any hindrance in any manner whatsoever.
e) That in view of the aforesaid Samjhautanama dated 26.04.2022, House area measuring 16x47 feet mentioned at serial no.2 shall remain in possession of the petitioners/defendant.
f) That it has been agreed between the parties that the cases filed by them against each other regarding present dispute shall be withdrawn by the parties concerned by taking appropriate steps before the Court/authority concerned.
g) That it has been agreed between the parties that they shall not violate the terms and conditions of this settlement-agreement, otherwise the aggrieved party will be free to take legal recourse."
In view of the fact that the parties have settled and resolved all their disputes amicably in terms of paragraph No.6 of the settlement-agreement dated 12.05.2022, it is held that no further dispute survives between parties. The parties shall be bound by the terms of the settlement-agreement as embodied in clauses a) to g) of paragraph No.6 of the settlement-agreement dated 12.05.2022. The said terms be and are hereby made a Rule of Court.
The pending Civil Appeal No.11 of 2018, before the Additional District Judge, Court No.7, Basti shall stand disposed of in terms of the settlement-agreement and shall not proceed any further. The decree of the Trial Court shall also stands merged in the terms of the present settlement-agreement.
This petition is disposed of in terms of the aforesaid orders.
Let this order be communicated to the VIIth Additional Judge, Court No.7, Basti, through the learned District Judge, Basti by the Registrar (Compliance) within 72 hours.
Order Date :- 4.8.2022
NSC
